[governance] Is really Bulgarian Cyrillic .?? (.bg) similar to other Latin ccTLDs?

[Daniel Kalchev]

On Nov 9, 2011, at 7:01 PM, Imran Ahmed Shah wrote:

> > Unless ICANN can demonstrate that EITHER this is a technical problem
>  
> Under the Fast Track program, there is no template or frame of work was given to ICANN to demonstrate to justify the DNS Panel recommendation and its own rejection.
> We have to develop a proposal for ICANN to review the issue of lacking of the dispute resolution mechanism.

In the IDN Fast Track documentation, there is flowchart and comments to the effect that if the panel has negative opinion of a string, ICANN staff can engage 3 member review panel to review this opinion.

My interpretation of this part of the process is that it exists as a corrective tool should the panel make any error in their findings. This panel is made of humans and humans do make errors. Further, whatever this panel decides is clearly no scientifically provable, or they could have proved their opinion so far -- this is yet another source of error, because they cannot rely on their colleagues linguists to correct their opinion.

ICANNs interpretation of this three member panel option is that it should only be invoked if the original panel decides it lacks necessary expertise and it is obvious that panel has so far claimed to be well aware that ".бг is confusingly similar. period."

I am curious as to what the opinion of Tina Dam is with regards to this option. Why it was not applied to the Bulgarian application and why everyone at ICANN thinks it need not be used.

It is very simple. ICANN does not have to admin any mistake. ICANN just needs to follow the IDN Fast Track process, to the letter, and request secondary review of the string.

Same for the Greek case, of course.

>  
> > problem OR that it has carried out a wide survey of a couple of billion people like me and the majority claims to be confused by the two strings
>  
> We should not assume that ICANN has need to justify his decision or its power need balance, and if we want to resolve the issue in favor of applicant, we should follow some good governance.

Unfortunately (for ICANN), they are not divine. Their "power" comes from two sources: the US Government and the Internet community. Displeasing either of these and ICANN may pretty much be forcibly dethroned. 

Therefore ICANN has to justify any and all of their actions or inactions.

>  
> It is fact that these examples of the issues are new to the Internet for the world and for the world most prime brains as well. But the problem is becoming critical because there is no relaxation or appeal procedure available in the Fast Track Program to address the string re-evaluation request before its delegations or after the declaration of the results mid of the way.

The Fast Track process is fine. There is nothing wrong with the process. The IDN Fast Track process needs not be fixed.

It is the way ICANN implements it, that is wrong. At least the following things are necessary to be fixed:

- ICANN should stop arguing and invoke the three member panels for both the Bulgarian and Greek applications. And for any further application that comes to similar situation.
- ICANN should follow the IDN Fast Track process as designed. In particular, as it relates to these issues, the procedure clearly says that it should loop after a 'confusability finding' with communication between the applicant, ICANN staff and the panel (presumably, this three member review panel) until either the application is successful or the applicant withdraws it.
- Any proceedings by the stability panel MUST be made public for review by the community and for the benefit of other applicants (to not make the same mistakes).

Daniel
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